WSR 14-02-026
PERMANENT RULES
DEPARTMENT OF HEALTH
(Nursing Care Quality Assurance Commission)
[Filed December 20, 2013, 2:32 p.m., effective January 20, 2014]
Effective Date of Rule: Thirty-one days after filing.
Purpose: WAC 246-840-125 establishes a new section for a retired active license status for registered nurses and licensed practical nurses. The rule allows these nurses to practice on an intermittent or emergent basis, yet retain competency through continuing education and practice hours. It gives direction to nurses on the limits of a retired active status, renewal process, and reinstatement process. Fees for this new credential have been adopted separately.
Statutory Authority for Adoption: RCW 18.130.250 and 18.79.110.
Adopted under notice filed as WSR 13-20-084 on September 30, 2013.
Changes Other than Editing from Proposed to Adopted Version: Minor clarifying language was added to subsection (4)(b); "nursing" was inserted before and "every three years" was inserted following the word "education."
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.
Date Adopted: November 8, 2013.
Paula R. Meyer, MSN, RN
Executive Director
Nursing Care Quality
Assurance Commission
NEW SECTION
WAC 246-840-125 Retired active credential.
(1) A registered or licensed practical nurse may place their credential in "retired active" status by meeting the requirements of this section.
(2) A registered or licensed practical nurse who holds a retired active credential may only practice in intermittent or emergent circumstances.
(a) Intermittent means the registered or licensed practical nurse will practice no more than ninety days a year.
(b) Emergent means the registered or licensed practical nurse will practice only in emergency circumstances such as earthquakes, floods, times of declared war, or other states of emergency.
(3) To obtain a retired active credential a registered or a licensed practical nurse must:
(a) Meet the requirements in WAC 246-12-120.
(b) Pay the appropriate fee in WAC 246-840-990.
(4) To renew a retired active credential the registered nurse or licensed practical nurse must:
(a) Meet the requirements in WAC 246-12-130. The retired active credential fee is in WAC 246-840-990.
(b) Have completed forty-five hours of continuing nursing education every three years in compliance with WAC 246-840-203 (1)(a)(iii)(A) through (F). Education may include CPR and first aid.
(c) Demonstrate they have practiced at least ninety-six hours every three years. Practice may be paid or volunteer, but must require nursing knowledge or a nursing license.
(d) Renew their retired active credential every year on their birthday.
(5) To return to active status the registered or licensed practical nurse must:
(a) Meet the requirements in WAC 246-12-140. The active renewal fee is in WAC 246-840-990.
(b) Meet the continuing competency requirements in WAC 246-840-205.
(6) A registered or licensed practical nurse who holds a retired active credential is subject to a continuing competency audit.
(a) All late renewals and a percentage up to five percent of registered and licensed practical nurses renewing their license may be audited by the commission.
(b) A registered or practical nurse being audited will have thirty calendar days to complete and submit to the commission the audit form documenting at least ninety-six hours of active practice, and forty-five hours of continuing nursing education every three years. Active practice hours are not to exceed ninety days each year.
(c) To document practice hours and continuing nursing education a registered or licensed practical nurse shall comply with WAC 246-840-206 (4) and (5).